There’s a lot of work that goes on, in the background, taking an SB 277 type lawsuit forward, especially one with twenty-one (21) Plaintiffs and ten (10) Defendants. Each of the Defendants has to be individually “served” with a copy of the lawsuit, and then the person who “served” the Defendant has to sign some papers showing where and when that process occurred. Then the attorney has to file those “serving” papers with the Court. Once each of the Defendants have been “served” they get about twenty (20) business days to lawyer up, and respond.
According to what I’m looking at in the Court Records, it looks like all of the Defendants have been “served.” But, as of this morning, it looks as though only one of them has lawyered-up to respond. They better get moving, for an August 12th, 2016 Preliminary Injunction Hearing is coming at their faces abruptly. And for this kind of Hearing Judges DO NOT give delays and extensions.
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SB 277 Author Senator Richard Pan MD MPH with Santa Barbara Health Department Leader Charity Dean MD MPH at California Medical Association (CMA) annual meeting. Question – How CLOSE ARE these two?
The SB 277 lawsuit document titled “First Amended Complaint“ is a VERY thorough, detailed, layout of the problems inflicted on California’s family population by California Senator Richard Pan’s Senate Bill #277 (SB277).
In that document is a VERY important section talking about the activities of one Charity Dean MD, MPH of the Santa Barbara County Health Department, shown, with Pan, in the photo on the right.
Apparently, she wants to bite some doctors, so-to-speak.
But, the huge working group supporting the SB 277 lawsuit was closely watching Pan and Dean’s activities and started gathering evidence – the results of which ended up sticking Dean’s activities in the lawsuit itself.
I’ll show all that to you in a minute. But first let me show you what one of the California warrior teams have come up with about this subject.
We’ll start, today, with what Christina Hildebrand of “A Voice For Choice”opines:
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The whole purpose of the lawsuit against SB 277 is to stop it, and its spin-off activities, from being activated.
A Motion for Preliminary Injunction is a request to the Court for an Injunction before we begin arguing the lawsuit. There will be an actual Court Hearing for this August 12th, 2016, 1:30PM in Courtroom 13A, Federal Court Building, San Diego, CA. (shown in the photo above).
What is an Injunction?
According to the Cornell School of Law it is:
An injunction is a court order requiring a person to do or cease doing a specific action. Temporary restraining orders and preliminary injunctions are temporary injunctions. They are issued early in a lawsuit to maintain the status quo by preventing a defendant from becoming insolvent or to stop the defendant from continuing his or her allegedly harmful actions. Choosing whether to grant temporary injunctive relief is a discretionary power of the court. Permanent injunctions are issued as a final judgment in a case. Failure to comply with an injunction may result in being held in contempt of court.
Getting an injunction is NOT an easy process. A US Supreme Court Decision called “Winter vs Natural Resources Defense Council” set the four-factor preliminary injunction standards that are being used today in Federal Courts.
What the court will want to be convinced of is that for the Plaintiffs:
(1) there is a likelihood of irreparable harm with no adequate remedy at law;
(2) the balance of harm favors the movant;
(3) there is a likelihood of success on the merits of the case;
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Yes, this is a lot to read. But, here, after laying out the situation for the Court, comes the details of exactly what laws the people responsible for SB 277’s passing, and implementation, broke. Yes, the language is strong and forceful, for it has to be.
What you are about to read is the essence of America – the expression, in language our forefathers would have used, to state what we, as Americans expect. The attorneys who wrote these words pulled no punches. They told it like it is.
We are on the march…
Below, is from the lawsuit First Amended Complaint document:
First Claim for Relief Against All Defendants (Violation of Freedom of Religion, Assembly, Parental Rights, 42 U.S.C. § 1983)
136. Plaintiffs incorporate by reference the foregoing paragraphs of this Complaint as though fully set forth herein.
137. Defendants deprived and continue to deprive Plaintiffs of their right to Free Exercise of religion, as secured by the First Amendment and made applicable to the states by the Fourteenth Amendment, by discriminating against Plaintiffs and their children because of the Plaintiffs’ religiously-motivated conduct in making exemption claims, including declining certain vaccines derived from or containing ingredients to which Plaintiffs object, including aborted fetal cells.
138. Defendants are also depriving Plaintiffs and their children of the right to freedom of assembly by depriving children of the right to attend secular or religious private schools of their choosing and by requiring that both public and private schools deny admission and education to children with PBEs.
139. Additionally, Defendants are infringing Plaintiffs’ rights to control the upbringing and education of their minor children according to the religion, system of values, and moral norms they deem appropriate and their rights to the care, custody, education of and association with their children.
140. Defendants are enforcing SB 277 under color of State law and are depriving and will continue to deprive Plaintiffs of numerous hybrid rights secured by the Fourteenth Amendment of the United States Constitution in violation of 42 U.S.C. § 1983. Continue reading SB 277 Lawsuit – Claims for Relief (The Nitty-Gritty)…
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I make no secret of the fact that I VERY MUCH like the writing and construction of this lawsuit, both as a legal tool, and as a clear concise, explanation of the issues that we, the people of Planet Earth, face in regards to mandatory vaccine programs.
I know there is a lot of reading that needs to be done to comprehend the magnitude of the problem we face, but..
It’s all right here. Just read it a piece at a time.
The “General Allegations”…
I am going to break this section of the First Amended Complaint in to sub-sections to make it easier to comprehend where the legal arguments are going. Yes, there is a lot here to read, but it all makes sense, especially if you break it up into those sections. So, let’s do that…
General:
(41) Amid media-created hype and irrational panic over the Disneyland measles outbreak, SB 277 was rushed through the Legislature and signed into law in the course of four short months, bypassing key legislative committees and precluding careful and thoughtful analysis of whether SB 277 was warranted or whether it could coexist with the robust legal framework that exists to protect California’s schoolchildren from marginalization and discrimination.
(42) Without any factual basis, children with PBEs were saddled with all of the blame for the outbreak, resulting in prejudice and intolerance against them that was so pervasive and so severe as to result in legislation to exile them from schools and daycares. Thus, for the first time in its history, California created a new category of “second-class citizens,” who would forever be barred from its schools in contravention of the United States and California Constitutions, numerous state and federal laws, and decades of California and federal jurisprudence that forbid SB 277’s draconian result.
(43) California’s children have a fundamental right to attend school and participate in society, free from discrimination and marginalization. Children with disabilities have the right to attend school with their non-disabled peers and not be relegated to learning in isolation. Parents have the right to direct the upbringing of their children in accordance with their deeply-held convictions and their religious beliefs. SB 277 totally and fatally conflicts with these and other fundamental rights and liberties guaranteed to Plaintiffs and their children and to thousands of families who are suffering the aftermath of SB 277. Plaintiffs, therefore, seek a declaration that SB 277 is unconstitutional under both the United States and California Constitutions and a preliminary and permanent injunction preventing Defendants from enforcing SB 277.Continue reading SB 277 First Amended Complaint “General Allegations…”
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On July 1st, 2016 a lawsuit was filed in a San Diego Federal Court asking the court to declare infamous California Senate Bill 277 unconstitutional, and prevent its enforcement. It was an excellent read. Its filing compared, in war terms, to the June 6th, 1944 “D-Day” Invasion of Normandy. The “good guys” were on the beach beginning the counterattack against the forces of evil.
The news traveled across Planet Earth like a soothing spring rain.
Then, yesterday and today, July 14th and 15th, 2016, new filings are appearing starting with what is called, simply enough, a “- FIRST AMENDED COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF.” And, although I liked the first filing VERY MUCH, and said so.
I like these legal filings even more.
Before I show them to you, and explain, in simple terms, what is actually going on there are TWO important points I need to make. They are::
(1) This whole event, these legal actions, and all of the investigations and sorting of material leading to all of this legal action is the work of a giant, secret, army who managed to work quietly, and unobtrusively, gathering and sorting, making new alliances, for the express purposes surrounding the issues so carefully, and powerfully, explained in the legal papers. Look around. There they are. There YOU are…
Here WE are… The doors are open. Come and play.
(2) So MUCH is happening with this First Amended Complaint that I am going to break the explanation of it all into separate parts – so, after this article, there is MUCH MORE good stuff coming. You WILL love this….
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The SB 277 bill that was signed into law last year is now the subject of a Federal lawsuit, which has the interest of the many who are against mandatory vaccines and lack of informed consent. But there is precedent for mandatory vaccines. The Jacobson decision in 1905 upheld mandatory vaccination. As a United States Supreme Court case in which the Court upheld the authority of states to enforce compulsory vaccination laws. The Court’s decision articulated the view that the freedom of the individual must sometimes be subordinated to the common welfare and is subject to the police power of the state.
I have been monitoring the discussion back and forth between two highly respected attorneys who have experience in dealing with vaccine issues as they critiqued the new lawsuit.
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Yes, Senate Bill 277, the legislation passed in California to mandate Chinese-made-vaccines force-jammed into California’s innocent children was/is horrible. Yes, the people behind SB 277 qualify as human scum.
Yes, the campaigns to stop, or reverse, SB 277 have been a not funny joke run by people who just do not know how to think things through before they act.
That was then – this is now…
The big kids have stepped onto the playground…
I watched the behind-the-scenes machinations of the people trying to figure out, not only the legal strategies that would work, but the logistics of getting a REAL lawsuit together to attack SB 277, with interest. I could a write a book chapter on all that went on to get where we are right now. Some of it would be humorous. Continue reading SB 277 Litigation Stuff You Need To Know… And Things You Could Do That Would Help…
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San Diego Federal Judge Dana M. Sabraw denied the Ex Parte Temporary Restraining Order (TRO) presented by the Plaintiffs, so far, for two reasons – BOTH of which attorneys for the Plaintiffs are remedying as fast as possible.
In essence, Judge Sabraw wants two things: (1) the Defendants’ attorneys involved in the hearing, and (2) A better, more specific example of why there is an emergency requiring a TRO in the first place. Continue reading Fed Judge Denies SB 277 TRO – Wants More Info…
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It’s always been a mystery to me how President Reagan, generally known for his suspicion of unchecked governmental power, could have signed the National Childhood Vaccine Injury Act of 1986, which established the so-called “Vaccine Court.” To the parents of many children with autism, this legislation is the direct cause of the autism epidemic.
While researching my new book, INOCULATED: How Science Lost Its Soul in Autism, I came across the answer in the pages of the New York Times. (Full disclosure – In my younger days I was a “Youth Delegate for Reagan” to the 1984 Republican Convention in Dallas. Forgive me. I was young and foolish.) In an article by Robert Pear, which was published on November 15, 1986, in the New York Times entitled, “Reagan Signs Bill on Drug Exports and Payment for Vaccine Injuries,” (and easily accessible through a simple Google search), Reagan laid out his thoughts. Continue reading What Did President Reagan Think About “Vaccine Court?”
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There is no question that this SB 277 case will go all the way to the United States Supreme Court. It is designed to do exactly that. The issues argued in it are THAT important to the American scene.
So, get ready for a knock-down, drag-out fight, with those, within our government system, and private drug corporations, who believe that THEY own our bodies, and our children’s bodies, and that THEY, the government of the moment and their corporate cronies, can do whatever THEY want to any American, at any time they choose.
The people we are up against believe in total control of our lives, with THEM making all of the decisions for, and about, us.
It is, if you think about it, the SAME argument coming forward in our Presidential election. Establishment Hillary Clinton is all about BIG Government running us all, and Trump is about bringing the REAL America, economy and all, with its Constitution, back to life.
The fact is that the next US President will decide who fills the empty seats on that US Supreme Court – and will make a difference what kind of Supreme Court we will be standing in front of with our SB 277 case.
So, people, four days ago we were a little anxious about what would happen with the implementation of SB 277. Today, we have landed at Normandy, so-to-speak. Now we need to fight our way into the enemy’s heartland, and take it away from them. Can we do that? Yup…
The Cavalry Has Arrived…
Statue of American Civil War General US Grant
So let’s talk about the upcoming battle.
Now that the lawsuit attacking SB 277 has been filed with the San Diego Federal Court (last Friday, July 1st 2016) it goes into the system.
On Tuesday, July 5th, 2016 it will be given a case number, and will be assigned to a specific Judge, who’s Staff will put it on the schedule for a Temporary Restraining Order (TRO) action.
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So, I called attorney Jim Turner about 5:00AM PST this morning and say “Where’s the case, dude?” He laughed… He’d been up all night. Right now it’s 5:00PM PST on Friday, July 1st, 2016 and I’ve got the final copy of the case against SB 277 in my hands. It will take a while to get this article out – a lot to read, and make phone calls about. But…
I LOVE it.
The case I talked about two days ago has been electronically filed by Carl Lewis in the San Diego Federal Court. I have attached copies of each of the individual document sets to this article. They will be easy to find. Take the time to familiarize yourself.
The actual name of the filing is “Complaint For Declaratory and Injunctive Relief – Temporary Restraining Order Sought.” Below I will explain what all that means.
And, there’s a bunch of backup documents. You can see every one.
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I have here, on my desk, a DRAFT copy of the lawsuit to be filed tomorrow, Friday, July 1st, 2016 against SB277 in California. I can’t show you a copy of the final version until the exact moment it is filed. I am sworn to secrecy.
But, There ARE some things I can tell you right now:
Diane Miller JD and Barbara Loe Fisher at the Health Freedom Congress
(1) My friend Diane Miller JD, sometime Author for the BolenReport, and the head of the Health Freedom Congress, is flying in from Minnesota tomorrow to attend, and speak at, the Santa Monica Rally organized by Wendy Silvers. She will speak on the details of the lawsuit. Go there to hear what she has to say.
(2) I can tell you the names of the attorneys involved and tell you what I know about them. You will be pleased.
(3) I can tell you the basic outline of the case – what the points are, and why the attorneys are going in THOSE SPECIFIC directions. Once again, you will be pleased.
(4) I can tell you WHY there was so much secrecy in the organization of the case – and why I agreed with that tactic.
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So in California come July 1st, there will no vaccine exemptions based on personal belief. However, there still will be a medical exemption, such as it is.
My understanding is that pediatrics/public health recognizes some contraindications for specific vaccines, but very, very few (if any) contraindications for not giving a child any vaccine anytime. I’ve heard that at least one prominent CAM healthcare attorney is advising his California CAM physician clients not to write medical exemption letters for parents who have a fear of or personal belief against vaccination. That might be prudent advice, and certainly no lawyer will get into trouble for giving it. Obviously, this is all very bad news for anti-vaxers.
You are not going to like this, but…
I will probably weigh-in on what I think are the medically supported justifications for the exemption another time and another forum. For now, I’d like to talk to my anti-vaxer friends and colleagues, including those who for tactical/PR reasons characterize their views as in support of “informed consent” about the “dangers of vaccination”. You’re not going to like it, but to paraphrase Ziggy Martin in “Drive,” who’s gonna tell you when you’re too late and aren’t so great In terms of where we are and the constitutional arguments being tossed around, well, you’re too late, wrong, and less lyrically, the imprecise hyperbolic language is not helping you focus on what may be realistically achievable.
First, the inaccurate hyperbole: California anti-vaxers claim that their kids and child care professionals are being forced by the government to be vaccinated. Not true. I’m from Texas, and in Texas we know what forced vaccination looks like. A couple years ago, the Texas legislature tried to force all young girls to get the HPV vaccine. The measure ultimately failed because of the public outcry against forced vaccination. California is not forcing anyone to get vaccinated. Rather, it imposes consequences (albeit draconian) for the unvaccinated; for kids, no public or private school; for adults, you can’t teach kids or be a child caregiver. That’s a big difference constitutionally and legally in general. But in addition, by mis-framing the issue, you may be missing some realistic partial, medium-term solutions, as I’ll explain in a moment. Continue reading TO MY CALIFORNIA ANTI-VAXXER FRIENDS: HERE’S SOME PROBABLY UNWANTED BUT POSSIBLY USEFUL ADVICE…
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I am NOT supportive of the case filed by T. Matthew Phillips. At first I thought to give it a chance, since there didn’t seem to be much else coming forward. But then I watched Phillips’s performance on the various FaceBook groups attacking people I know. Enough said.
Then too, the primary proponent for the case, Sharon Brown, and her performance, to me, lacks a whole lot. A whole lot…
In short, I recommend that everyone just give this package a wide berth. There are other battles to get involved in.
IS there anything else?
Yes, there is something I know is in the works, but I am not going to be specific. Why? Because I promised I would not reveal stuff. Am I in favor of what I am hearing, so far? Yes. Continue reading About Those Lawsuits Against SB 277…
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DISCRIMINATION is a dirty word in politics today. California, generally a very liberal state, tends to FROWN UPON Discrimination.
So Why are Countless Vaccine Damaged Children and Their Families Facing DISCRIMINATION when it comes to a PRIVATE or PUBLIC EDUCATION?
And why would Democrats, the supposed party of CARE and CONCERN, encourage DISCRIMINATION against vulnerable, defenseless, vaccine-injured children and their families?
The California Democratic Party voted last year to include FORCED VACCINATION MANDATES as part of their party platform.
Democratic California State Senator Richard Pan has allegedly been at the forefront of this DISCRIMINATION; that also includes, Hate Speech Attacks on Vaccine-Injured Children and their Families.
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For almost 40 years, terminal patients have been trying to obtain access to unapproved new drugs. The latest effort has come from the Goldwater Institute (“GI”) which has made the strategic decision to bypass Congress and the federal courts and go directly to the state legislatures. GI’s legislative efforts have been wildly successful, having passed its “right to try” law in more than half of the states. That’s an almost unbelievable accomplishment and everyone should laud and support it, but it won’t do much, practically, until Congress is forced to act, and act in a big way. Before I go into why the state legislative angle won’t do the job, let’s review how we got to where we aren’t, namely open access to pipeline (and other) drugs for very sick people who can’t be helped by FDA approved drugs. Continue reading Why can’t dying patients have ANY drug they can get their hands on?
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The Honourable Jane Philpott
Minister of Health
Parliament Buildings,
Ottawa, ON K1A OA6
Dear Honourable Minister Philpott,
Re: Conviction of David and Collet Stephan in the Meningitis Death of their Son
First, please allow me to say how grateful I am for the many positive ways in which your government has been restoring Canadian values and the Canada I have always believed in.
I am writing to you with very grave concerns about the state of the healthcare system in Canada. I am not referring to surgery wait-times or a shortage of family physicians, I am referring to the fundamental basis on which medicine is being practiced in Canada, and the dangerous role that pharmaceutical companies are now playing.
With the recent conviction of David and Collet Stephan in the tragic death of their son from meningitis, it is clear that our entire medical establishment, with the support of government, media and the courts, has become beholden to the pharmaceutical industry.
Nineteen month old Ezekiel Stephan’s death from meningitis is a story that is all too familiar. However, it is usually medical professionals who make the news for missing the correct diagnosis and failing to act quickly enough to save their patients. When parents or victims themselves fail to react to the symptoms in time, it is more common but less newsworthy. We never hear about them being charged with negligence causing death or failing to provide the necessaries of life. Continue reading Open Letter to Canada’s Health Minister re: the Conviction of David and Collet Stephan in the Death of their Son
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I want to apologize to everyone that are submitting “Comments” to the BolenReport and not seeing them pop up instantly.
I was inundated with “skeptic” crap – and decided to “monitor” all of the Comments. Since I have meetings, and other obligations, sometimes it is hours before I can get back to the Comment queue. Please, don’t go away – just put them there. They will appear.
Or you can send them to my email address. The information I am getting is WOW!!
As you know the “skeptics” live in a different world than those of us brought up with a kindness, and caring, family oriented Judeo-Christian Ethic. Their “Comments” are not something normal people would want to see, or hear. I think that if someone were to do what they do in a Public Park on a Saturday, the police would come, and take them away. Why is their behavior condoned on the internet?
As you know, Meryl Dorey, of the Australian Vaccination Network (AVN) was threatened with rape, mutilation, and death by the “skeptics.”
They sent Meryl, in her site’s “Comments” section, homosexual pornography, a photo of a white-woman-being-ripped-in-half-while-being-raped-by-a-black-man, and more. They also, of course, called her home and threatened her children with burning her house down in the middle of the night.. You can review that horror story here.
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Note from Tim Bolen – A good many of our readers are from the “patient” side of the medical/healthcare equation. But, for instance, there are those of us that have spent our careers on both sides of that practitioner/patient situation. Health Professionals that can deal, successfully, with problems like Autism (Vaccine Damage), need a much higher level of protection – because the medical/health system frowns on cutting-edge innovation in health care. My friend attorney Rick Jaffe has dealt with those challenges, successfully, for years.
So, I am going to give all of you a glimpse of what goes on, legally, behind the scenes, to protect cutting edge practitioners, with some articles that would normally just go out to those hundred thousand or so of cutting-edge practitioners.
I think you will find it all very interesting…
Texas Medical Board (TMB) personnel face damage claim for illegally trying to search and seize medical records.
by Richard Jaffe JD
In the late 1980s, my New York law firm did some work for Robert Atkins involving the New York medical board, (aka the Office of Professional Medical Conduct). The board wanted the records of a number of his ozone therapy patients. The patients didn’t want their records released, so Bob Atkins hired our firm to try to quash the subpoena.
We made precedent, but not in a good way. The New York appellate court ruled against us and held that the board has a right to medical records, even over the objection of the patient. In virtually every state, with some variations, a medical board can obtain patient medical records in the absence of patient consent and despite HIPAA. (The one exception is California where if the patient doesn’t want his or her records released, the medical board has to go to court to convince a judge that there is good cause for releasing the records. I am doing one of those cases right now.)
How this usually shakes out is that a physician receives a letter from the board about a complaint and asks for medical records. The letter will also usually include a subpoena and a business records affidavit form so that the medical records can be admissible in an administrative proceeding. The board’s letter usually gives the physician a few weeks to respond and turn-over the records.
Not too long ago, the Texas Medical Board tried something different for a doctor who they suspected might be operating an unregistered pain management clinic. A medical board investigator along with a DEA agent showed-up at a physician’s office and demanded access to certain medical records on the spot using presenting an instant subpoena (subpoena instantar). Continue reading Board Subpoenas , YES (usually); De Facto Search Warrants, NO
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